This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and examines how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.
The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.
This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.
Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.
This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.
Through the lens of relational governance, Global Governance, Conflict and China develops a new theory on the relational normativity of international law (TORINIL) that sheds a unique perspective on China's international normative behaviour in the realm of conflict resolution.
